چکیده:
One of the most challenging issues in civil litigation is the cases where the legislator has made compulsory insurance policies, including accidental damages and labor damages. Given the importance of this institution and the lack of coherent study of the impact of the fault in cases where the legislator made it compulsory for one of the parties to provide insurance, a careful examination of the damaged fault in these particular cases seems necessary, and in spite of The change in the law of compulsory insurance in 1395 has not been carried out in accordance with this law and usually the articles in this area have been invoked to the insurance law approved in 1347. Therefore, in order to quantify the relative impact of the existing vacuum, this study examines the extent of the impact of damages caused by accidents and Due to the work in Iranian law, it deals with the comparative study of French law And seeks to answer the question whether the fault of workers and driving accidents is consistent with the general rules of civil liability or that it is subject to a special system. The hypothesis of this article is that the effect of damaged fault in insurance cases Mandatory does not comply with the general rules of civil liability, and the supportive aspect of such laws imposes the basis of civil responsibility from the theory of fault to the alleged fault. The contents of this research are based on a library method in two sections. The first section addresses the concepts and foundations, and the second part deals with the damaged fault in cases of compulsory insurance in Iranian and French law.
خلاصه ماشینی:
A Comparative Study of the Fault of the Injured Party in Compulsory Insurance Cases Mohsen Sadeghi Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran Neda Khānzādeh Master's Student in Private Law, University of Tehran (Date of Receipt: 1397/10/11 - Date of Approval: 1399/05/19) Abstract One of the challenging issues in civil liability lawsuits is cases where the legislator has made insurance compulsory for one of the parties; including damages resulting from traffic accidents and work-related damages.
Therefore, in order to partially address the existing gap, this research examines the extent of the injured party's fault in traffic accidents and work-related injuries in Iranian law in a comparative study with French law, and seeks to answer the question of whether the injured party's fault in work-related and traffic accidents follows general rules of civil liability or is subject to a special system.
Keywords Compulsory Insurance, Social Security, Fault of the Injured Party, Iranian Law, Traffic Accidents, French Law, Work-Related Damages.
The proven hypothesis of this research is that the fault of the injured party in cases of compulsory insurance, although it does not follow general rules of civil liability and has its own specific system, is not completely neutral and will affect the compensation for damages.
1. Among the general research conducted in this regard, the following can be mentioned: A comparative study of the fault of the injured party on civil liability in Islamic and Common Law (Alireza Pourasmail, 1392 (2013)) which generally examines this institution in general cases.
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